Friday, January 27, 2017

EXECUTION OF POWER
OF ATTORNEY FROM ABROAD BY NON-RESIDENT BANGLADESHI

"Power
of attorney" means any document on behalf of a person through whom the
document referred to any other person authorized by law for the performance of
the powers delegated. "Person" means any individual, partnership,
association, company, statutory bodies and cooperatives thereof;

When
an individual residing outside Bangladesh wishes to execute power of attorney for the performance of the powers delegated
someonein Bangladesh,
then the executor will have to comply with the Power of Attorney Act, 2012 read
with Power of Attorney Rules, 2015.

Pursuant
to Power of Attorney Act, 2012, the executor(s) has to follow Schedule “Ka” of
Form 3 for executing the power of attorney. Both the person who is executing
the power of attorney and the constituted attorney would have to attach their
recent passport size photographs with the power of attorney and will have to
attest the same by putting signature and thumb impression on it. The same will
then have to be executed in the presence of appropriate officer; which in the
context of individuals residing outside of Bangladesh is Notary Public and concerned
officer of the Bangladesh Consulate. The executed power of attorney will
thereafter be sent to Bangladesh. Within two months of reaching Bangladesh, it
has to be submitted to the Ministry of Foreign Affairs of Bangladesh Government
for its attestation and then duly stamped within three months. In cases where
the power of attorney is required to be registered, it shall be submitted to
the concerned sub-registry office within four months from the date on which the
power of attorney was received in Bangladesh.

Moreover,
if an individual wish to use a registered power of attorney in abroad, then
there are specific rules and regulations that have to be complied; without
which the power of attorney will not be of any use. As per the said Act, such
registered power of attorneys will have to be notarized under the Notaries
Ordinance 1961 prevailing in Bangladesh.

The
laws relating to Power of Attorney have taken a structured outlook which
addresses many issues of concern and effectively avoids complication to arise.
For example, the newly promulgated Power of Attorney Rules, 2015 expressly
lists out all the scenarios where the power of attorney cannot be provided to
individuals. Such limitations include the execution of will, execution of power
pertaining to adoption, execution of gifts and trust instruments.

A
feature that is worth mentioning about the new law is how simply a power of
attorney can be terminated. It is quite obvious that if both the executor and
the constituted attorney agree to terminate, then the document can be
terminated. However, in case of general power of attorney, either of the
parties can terminate the power of attorney in accordance with the termination
provision contained in the power of attorney.

So,
the new laws have been successful in catering to the purposes behind executing
power of attorneys. The new addition of rules and regulations might have made
the process slightly laborious but the broader perspective behind this, was to
protect the intentions of the executor of power of attorney and make the
documents independent of any complications or ambiguity.

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